TITLE 27
Insurance

CHAPTER 27-41
Health Maintenance Organizations

SECTION 27-41-53

§ 27-41-53 Genetic testing. 
(a) Except as provided in chapter 37.3 of title 5, insurance administrators,
health plans and providers shall be prohibited from releasing genetic
information without prior written authorization of the individual. Written
authorization shall be required for each disclosure and include to whom the
disclosure is being made. An exception shall exist for those participating in
research settings governed by the federal policy for the protection of human
research subjects (also known as "The Common Rule"). Tests conducted purely for
research are excluded from the definition, as are tests for somatic (as opposed
to heritable) mutations, and testing for forensic purposes.

(b) No health maintenance organization subject to the
provisions of this chapter shall:

(1) Use a genetic test or request for genetic test the
results of a genetic test to reject, deny, limit, cancel, refuse to renew,
increase the rates of, affect the terms or conditions of, or affect a group or
an individual's health insurance policy contract, or plan;

(2) Request or require a genetic test for the purpose of
determining whether or not to issue or renew an individual's health benefits
coverage, to set reimbursement/co-pay levels or determine covered benefits and
services;

(3) Release the results of a genetic test without the prior
written authorization of the individual from whom the test was obtained, except
in a format where individual identifiers are removed, encrypted, or encoded so
that the identity of the individual is not disclosed. A recipient of
information pursuant to this section may use or disclose the information solely
to carry out the purpose for which the information was disclosed. Authorization
shall be required for each re-disclosure. An exception shall exist for
participation in research settings governed by the federal policy for the
protection of human research subjects (also known as "The Common Rule"); or

(4) Request or require information as to whether an
individual has ever had a genetic test, or participated in genetic testing of
any kind, whether for clinical or research purposes.

(c) For the purposes of this section, "genetic testing" is
the analysis of an individual's DNA, RNA, chromosomes, protein and certain
metabolites in order to detect heritable inheritable disease-related genotypes,
mutations, phenotypes or karyotypes for clinical purposes. Those purposes
include predicting risk of disease, identifying carriers, establishing prenatal
and clinical diagnosis or prognosis. Prenatal, newborn and carrier screening,
and testing in high risk families may be included provided there is an approved
release by a parent or guardian. Tests for metabolites are covered only when
they are undertaken with high probability that an excess or deficiency of the
metabolite indicates the presence of heritable mutations in single genes.
"Genetic testing" does not mean routine physical measurement, a routine
chemical, blood, or urine analysis or a test for drugs or for HIV infections.